Revolutionary War Pension and Bounty Land Warrant Application File W. 14684, Ephraim Emery, Mass.

SERVICE
NUMBER
Mass
Emery, Ephraim Mary
W. 14684
{ B.Lt. 654 - 200. Lieut. Issued Mar. 25, 1790 No papers
CONTENTS

7378
Massachusetts
Benjamin Emery of Boston in the state of Massachusetts who was a Lieutenant in the regiment commanded by Colonel Wigglyworth of the Massachusetts line, for the term of four years
Inscribed on the Roll of Massachusetts at the rate of 20 Dollars per month, to commence on the 19 of May 1818
Certificate of Pension issued the 8 of March and sent to Hon John Davis Boston Massachusetts
Arrears to 4th of March 1819 $190.96 Semi-annual allowance ending Sept. 1819 120. Continued $310.96
{ Revolutionary claim, } { Act 18th March, 1818. }
Boston
Notation work July 29th 1820 J. M. [unclear] Boston Massachusetts

Increase 5899 Massachusetts
Mary Emery do widow of Ephraim Emery who was a Major Lt. & Pay Master & Lt. & Adjutant in the
Revolution,
Her name on a 29th Nov 27. Inscribed on the Roll at the rate of 49 2 Dollars 00
Cents per annum, to commence on the 4th day of March, 1843. and ending 30th March, 1843.
Certificate of Pension issued the 19th day of Oct. 48 and sent to Alex. Ray Esq. Inc from $296.00 due from payments Present
[Acts of March 3, 1843, and June 17, 1844. ]
Recorded in Book 6 Vol. 2 Page 29
Report
By the Hannah Emery John Emery only children Surviving Set to A. Ray June 8, 1849.
1857 Jan'y 4. T. S. Hopkins Colts History Prior

Declarations
In order to obtain the benefit of the Act of Congress of the 7th July 1838, entitled An Act granting half-pay, and Pensions to certain Widows
State of Massachusetts. Essex County ss. — On this Seventh day of August in the year of our Lord, one thousand Eight hundred and thirty Eight, before the Honorable Daniel A. White, Judge of Probate for the said county of Essex. —
Personally appeared Mary Emery, resident of Newbury, County and State aforesaid, aged Seventy three years, who, being first duly sworn, according to Law, doth on her oath, make the following Declaration, in order to obtain the benefit of the provision made by the Act of Congress passed July 7th 1838, entitled "An act granting half-pay, and Pensions to certain Widows" — That she is widow of Ephraim Emery, late of Newbury deceased, who was an Officer, and served in the Army of the United States, in the War of the Revolution, and as she has always understood and fully believes, until it closed — That he her said husband entered the said service at a very early age, and was commissioned with the rank of Ensign, in the 10th Massachusetts Regiment, and was as such and afterwards afterwards as Lieutenant and Captain, engaged in several important battles which were fought with the Enemy during said War — for which service he was entitled on the pension list, roll of the Massachusetts Agency at the rate of Twenty dollars per month. Certificate for which was duly issued to him under date of March 3th 1819 and number 7378. the benefits of which he continued to receive until his decease, and then surrendered, to which she does leave respectfully to refer, in support of this declaration.
And the said Mary Emery doth further on her said oath declare that she was lawfully married to the said Ephraim Emery at Ipswich, by Reverend Mr. Dole on the day of Sept. One thousand seven hundred and eighty six — That her said husband the said Ephraim Emery died at said Newbury on the twenty ninth day of November, One thousand Eight hundred and twenty seven. That she was not married to him prior to his leaving the said service, but the marriage took place previous to the first of January Seventeen hundred and ninety four, to wit, at the time she has above stated, as will appear by the affairs annexed.
Sworn and Subscribed the day month and year aforesaid
Mary Emery
D. A. White Judge of Probate

I Darius Emery, of Newburyport, in the county of Essex, a Commonwealth-wealth of Massachusetts, Esquire, aged fifty two years, do hereby declare, that I have been always well and intimately acquainted with the late Major Ephraim Emery who was a revolutionary personage of the U. States, and that Mary, now his widow (and I do know, that said Ephraim Emery died on the twenty ninth day of November One thousand eight hundred and twenty seven, at said Newbury; That Mary Emery, widow of said Ephraim Emery, is now living, in said Newbury, and has not intermarried since the decease of said Ephraim Emery.
Newburyport. September 1830
Darius Emery
I Porter Russell, of Newburyport, in the county of Essex, a Commonwealth of Massachusetts; aged Fifty four years, do hereby declare, that I was personally well acquainted with the above named Ephraim Emery, and I do know, that the said Ephraim Emery died at Newbury, on the twenty ninth day of November, one thousand eight hundred and twenty seven: that he left the said Mary Emery, with whom I am also well acquainted, his widow: and that she is now living, in said Newbury, and has not intermarried since his decease.
Porter Russell
Newburyport - Sept 1. 1830.
Commonwealth of Massachusetts
Essex ss. Town of Newburyport - September 1830. Then the above named Darius Emery Esquire & Porter Russell personally came and made oath, in due form of Law, to the truth of the above written Affidavits by them respectively subscribed in my presence - I do further certify that the said Darius Emery and Porter Russell, are both personally well known to me that they are both respectable Citizens - on whose declarations full confidence may be placed.
W. H. Q. H. Justice of the Peace

Town Clerk's Office, Bradford Mass. Sept. 1 st 1838
— Extract from the Town record,
Lieut. Ephraim Emery of Newbury and Miss Polly Russell of Bradford were Married September. Seventeen hundred and Eighty five.
The above persons were Married by the Rev. Ebenezer Duteh (Daniel B Stickney, Town Clerk)
I (Daniel B Stickney Clerk of the Town of Bradford above named on oath do declare that I hold the Office of Clerk of the Town of Bradford and that the above is a true Copy of the records of said Town now in my possession with the exception only that on said records the date is expressed in fair legible figures thus " 1785. Sept. Lieut. Ephraim Emery of Newbury and Miss Polly Russell of Bradford were Married. — The above Persons were Married by the Rev. Ebenezer Duteh."
(Daniel B Stickney } Town Clerk
Sworn and subscribed the day and year above written before me William S. Balch, Justice of the Peace

MASSACHUSETTS DISTRICT, ss.
Boston June 15 A. D. 1818
IT appearing to my satisfaction, that subscriber to the annexed declaration, sworn to before me, did serve in the revolutionary war against the common enemy, as stated in said declaration, I now transmit the testimony in the case, with the proceedings had thereon, to the Secretary of the department of war, pursuant to the directions of the Act entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war;" the testimony and proceedings in the premises being the declaration aforesaid, with the accompanying documents marked A B together with this certificate.
In witness whereof I have hereunto set my hand and caused the seal of the District Court of the United States for this District to be hereunto affixed.
M. Davis } Judge of the District Court U. S. Massachusetts District.

Ephraim Emery Esq. Wigglesworth Map reg. 1798-3 - May 19 1878
Adm. Will Adm. Will
Adm. Will Ephraim Emery Esq. 1798-3

United States.
Massachusetts District. —
Ephraim Emery of Boston in the county of Suffolk and District of Massachusetts a resident citizen of the United States and applicant for a pension from the United States under an Act of Congress entitled an Act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war make the oath, that he served as an Officer in the war of the revolution four years in manner following, viz. In September 1779. He was commissioned as lieutenant in the company commanded by Captain Pillsbury, in the Massachusetts regiment, commanded by Colonel Trigglesworth - and marched in said corps from Rhode Island to West Point, when he was transferred to a company of light Infantry commanded by Captain Busling in the same regiment, in which corps he served in New York and the Jerseys, until 1781, when he was appointed Adjutant, and afterwards Paymaster, in which last capacity he served until the close of the war, in the before mentioned States. He was at the battle of Stony Point and White Plains - He had no written discharge, and is in such reduced circumstances, as to require the aid of his country. His name in his commission is incorrectly spelled with two M's.
Mass. Dist. Ct. May 19. 1822 Return to before me
Ephraim Emery
Mr Davis
Dist Judge Mass. Dist. Ct.

7378 Eph m Emery
7378 Upde
8 Mar 1819
Sept 1819

Commonwealth of Massachusetts.
ESSEX, ss.
At the Circuit Court of Common Pleas of the Middle Circuit, begun and holden at Salem, within and for the County of Essex, on the third Monday of June, A. D. 1820.
Present, Hon. SAMUEL DANA, Chief Justice.
Hon. WILLIAM WETMORE, and
Hon. STEPHEN MINOT, Associate Justices.
In open Court here, being a Court of Record for said Circuit, proceeding according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of its proceedings, and having the power of fine and imprisonment, Ephraim Emery resident in Newburyport in said Circuit, who is named in Pension Certificate No. 7370 now in his possession, of which the following is a true copy, to wit,
"WAR DEPARTMENT.....REVOLUTIONARY CLAIM.
"I certify that, in conformity with the Law of the United States, of the 18th March, 1818, Ephraim Emery late a Lieutenant in the Army of the Revolution, is inscribed on the Pension List, Roll of the Massachusetts Agency, at the rate of twenty dollars per month, to commence on the nineteenth day of May one thousand eight hundred and eighteen .
***** * L. S. * *****
"Given at the War Office of the United States, this eighth day of March one thousand eight hundred and nineteen . J. C. CALHOUN, Secretary of War,"
appears, and exhibits to the Court here a Schedule, subscribed by him, as follows, to wit,
SCHEDULE, containing his whole estate and income, his necessary clothing and bedding excepted, to wit,
  1 Bureau $8. 1 Mahogany Table $5 $13.   1 Birch table $3. 1 Light stand $1.50 4.50   1 looking glass $4. 1 smaller looking glass $1 5.   Iron ware $3.25 Tin ware $1.25 5.   Crockery & Glass ware $6.50 Table linen & $3 9.50   Brass Kettle $3. Longs shovel &c $2.25 5.25   Tubs & Barrels - 1.25   (Sundry small articles - 1.75   $ 45.25   7 Chairs - 5.   $ 50 - 
That he is now sixty three years of age, infirm and unable to labour - that he has nothing to depend upon for support except the pension received from the Government, with a part of which a large part of the articles of furniture contained in this

Schedule was purchased.
That he served in the army of the United States, in the war of the revolution on the continental establishment with the rank of Lieutenant as stated by him in the declarations which he made on his application for pension. He served during the whole war, commencing with the Battle at Lexington, and continued in the service until peace took place. That having devoted the prime of his life to the service of his country, he was entirely unfit at the close of the war, for profitable employment in other business.
Eph m Emery
Essex ss July 11. 1820
Then the above named Ephraim Emery made oath that the above Schedule & Statement by him subscribed are true, before me
Stephen Minot, Judge of the C. C. C. V.

and at the same time he produces to the Court here the following Oath, taken and subscribed by him, before the Hon. Stephen Minot a Judge of said Court as aforesaid, to wit,
I, Ephraim Emery do solemnly swear, that I was a resident citizen of the United States on the eighteenth day of March one thousand eight hundred and eighteen, and that I have not, since that time, by gift, sale, or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed and by me subscribed. So help me GOD.
Eph. Emery
Essex, ss. C. C. C. P. June, Term, A. D. 1820.
Then the abovenamed Ephraim Emery took and subscribed the aforesaid Oath before me
Stephen Minot
Judge of said Court.
I, ICHABOD TUCKER, Clerk of the Court aforesaid, do hereby certify that the foregoing Oath, and Schedule thereto annexed, are truly copied from the record of the said Court; and I do further certify, that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid Schedule is fifty dollars
In testimony whereof I have hereunto set my hand, and affixed the seal of the said Court, at Salem, in said County of Essex, on this 17 th day of July — A. D. 1820
Attr.
Ichabod Tucker Clerk

Declaration
In order to obtain the benefits of the Act of Congress of the 3 d March 1843, granting pensions for one year to certain widows who have received pensions under the Act of July 7. 1838 -
State of Massachusetts, ss.
On this third day of July in the year Eighteen hundred and forty four, personally appeared before the subscriber, a Justice of the Peace, in and for the County of Essex, in said State, Mary Remick, a resident of Newbury, in said County, widow, aged fifty seven years, who being first duly sworn, according to law, doth on her oath, make the following declaration in order to obtain the benefits of the provision made by the Act of Congress, passed on the 3 d March 1843, granting pensions to widows of persons who served during the Revolutionary War. That she, together with Hannah Emery of Haverhill, and John Emery of Newbury, both in said County of Essex, are the only children of Mary Emery, who was the widow of Ephraim Emery, who was an Officer in the war of the Revolution, and served during the whole war. That the said Mary Emery, died at said Newbury, on the thirtieth day of March in the year, Eighteen hundred and forty three - Also that the said Mary Emery, received a pension for five years, under the Act of July 7. 1838, at the rate of Three hundred and twenty Dollars per year, and that when she died, she was the widow of said Ephraim Emery - Mary Remick
Sworn to and subscribed on the day and year abovenwritten before me, and I certify that the declarant is personally known to me -
James P. Frothingham, Justice of the Peace -

Commonwealth of Massachusetts.
Secretary's Office, Boston July 5 th 1844
I hereby Certify, That at the date of the annexed attestation James B. Frothingham was a Justice of the Peace for the County of Essex,
in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Sleeper, Secretary of the Commonwealth.

I Mary Emery, of Newbury in the county of Essex and commonwealth of Massachusetts, widow, of sound and perfect mind and memory, considering the uncertainty of this mortal life, do make and publish this my last will and testament, in manner and form following, that is to say:
First. I order and direct, that all my just debts and funeral expenses be paid as soon as conveniently may be after my decease.
I give and bequeath all the rest and residue of my estate, real, personal and mixed, of every kind or description whatsoever, and wheresoever the same is or may be situated, and which shall remain after payment of my just debts and expenses, to to my daughter Mrs. Mary Remick, of Newburyport, widow of the late John Remick deceased, to her and her heirs forever; having in my life time done all, that I conveniently could, for my son John Emery, of Georgetown, for my daughter Hannah Gale, of Haverhill, and for my grandchildren and my other relatives.
I do hereby constitute and appoint William Hoart, of Newburyport in said county, esq., executor of this my last will and testament, hereby revoking, and declaring null and void, all former wills by me at any time made.
In witness whereof I do hereunto set my hand and seal this sixteenth day of January, in the year of our Lord one thousand eight hundred and forty one.
Signed, sealed, published and declared by the above named Mary Emery to be her last will and testament, in presence of us, who have hereunto subscribed our names, as witnesses, in her presence, and at her re- quest.
Frances Ann Hodgkins Mary S. Hodgkins James W. Cheney
Mary Emery Seal
+ This Lady's real name is Emery - she married "Gale" being assumed for a relative with whom she resided.

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss. At a Court of Probate holden at Ipswich in and for said
County, on the first Tuesday in May , A. D. 1843.
THE instrument hereto annexed, having been duly presented for probate as the last will and testament of Mary Emery , late of Norbury in said county, widow , deceased, and it being made to appear, that notice has been given according to order to all persons interested, and that there is no objection to the probate thereof, Mary S. Hodgkins , one of the witnesses thereto subscribed, being present, makes oath,
that she saw the said Mary Emery the testatrix sign and seal the said instrument, and heard her declare the same to be her last will and testament, and that she the said Mary S. subscribed her name as a witness to the execution thereof, in presence of said testatrix, together with Frances Ann Hodgkins and James W. Cheney , and that said testatrix was then, to the best of her discerning, of sound and disposing mind.
It is thereupon considered and decreed by the court here, that the said instrument be approved, allowed and recorded, as the last will and testament of the before named deceased, and that it have full force and effect as such, agreeably to the laws of the commonwealth aforesaid in such cases made and provided, and that the execution of said last will and testament, and the administration of the estate of said deceased according thereto, be granted and committed to
the executor therein named, by giving bond according to law for the faithful discharge of his said trust.
D. A. White , Judge of Probate.
A TRUE COPY OF RECORD.
ATTEST,
C. Washburn
Register.
50cts

Rev WIDOW, &c.
File No. 4684
Mary Emery Widow of Ephraim Emery Paymaster Rev War
Act: March 3 rd 43
Index:—Vol. A Page 217
[Arrangement of 1870.]

THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED
For Abraham Emmerich Genl Greeley . We, Reposing special trust and confidence in your Patriotism, Valour, Conduct, and Fidelity, DO by these presents constitute and appoint you, to be a Lieutenant in the Thirteenth Massachusetts Regiment in the Army of the United States to take rank as such from the 10 th day of April 1779. You are therefore carefully and diligently to discharge the duty of a Lieutenant by doing and performing all manner of things thereinunto belonging. And we do strictly charge and require all Officers and Soldiers under your command, to be obedient to your orders, as from time to time, as you shall receive from this, or a future Congress of the United States or Committee of Congress for that purpose appointed, a Committee of the States or Commander in chief for the time being of the Army of the United States, or any other your Superior Officer, according to the rules and discipline of War, in pursuance of the trust reposed in you. This Commission to continue in force until revoked by this, or a future Congress, the Committee of Congress forementioned, or a Committee of the States.
Witness His Excellency Sam l Huntington Esq r President of the Congress of the United States of America at Philadelphia the 29 th day of September 1779, and in the four th Year of our Independence.
Sam l Huntington President
Entered in the War Office and examined by the Board
Attest Wm. Samuel
Secretary of the Board of War

evidence of the death of Mary Emery on 1838 death.
5877-43 map
Rev. May

Commonwealth of Massachusetts.
County of Essex, ss. Probate Office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that Mary
Emery, late of Newbury in said county, widow, deceased, testate, was a revolutionary pensioner of the United States at the rate of three hundred twenty — dollars per annum; that she was the widow of Ephraim Emery, a revolutionary soldier, deceased; that she lived as the widow of said Ephraim Emery until her decease, which took place on the thirtieth day of March, A. D. 1843; and that she left three children, and no more, viz. Mary Remick, of Newbury aforesaid, widow, Hannah Emery, of Haverhill in said county, singlewoman, and John Emery, of Newbury aforesaid; and that said Hannah Emery and John Emery are both still living, and each of full age; but that said Mary Remick is not now living, she having died on the fourth day of June, A. D. 1848; as appears by the records in said office.
Given under my hand and seal of office, this day of December, A. D. 1848.
fifth Nath. Lord jr.

Department of State, Washington, May 26, 1847.
James L. Edwards, Esq. Commissioner of Pensions.
Sir,
In compliance with your request, I have caused the Washington Papers to be examined "for evidence of the service of Ephraim Emory as an Adjutant, and also as a Paymaster in the Massachusetts Line," and have to report the following as the result:
In a paper purporting to be a "List of officers now serving in the 6 th Massachusetts Regiment, commanded by Colo. Benj r Tupper", signed by W m Hull Lieut Colo., and dated April 16. 1783, Ephraim Emory is returned as a lieutenant; and in the same paper, under the head of "Staff officers" Lieut Emory is stated to be Paymaster.
In another paper, without signature or date, purporting to be a "list of the officers of the 6 th Mass s Reg t ", Ephraim Emory is returned as Lieut and Adjutant. No other evidence of the staff service of Lieut. Emory has been discovered.
I am Sir, very respectfully,
Your Obed t Serv t
James Buchanan

   Date No. Report In whose favor Service Comm. of interest Amount of certificate     Mar 15 3207 1792 Ephraim Emery Pay M t Col. Inf. Reg t 4 Mar 1783 $ 254.33  
Treasury Department Register Office August 1. 1848
I certify the above to be a true extract from the record of claims, for which Certificates of Registered debt were issued under the act of the 27 March 1792
Daniel D. Braham
Register

Boston, May 20 th 1818
This certifies that the bearer Mr Ephraim Emery has had granted him relief by the standing Committee of the Society of the Cincinnati out of the Camp's Funds from a knowledge of his Poverty & very Reduced circumstances
Rob t Williams Treasurer
To whom it may concern,

Dr. The United States in Account with Ephraim
For three hundred and forty five Dollars & 66 2/3 cts.
Retained by the late Commissioner of Army Accounts, on settlement of the Accounts of said Regiment for 1783 untill his accts as paymaster were settled . . . . .
345.66
Dollars 345 66
Treasury Dept
I hereby certify that from No 3207 on file in this off

Emery Lieut & paymaster to the late 6 th Regim t Massachus s . C o
  By this sum due the United States, on settlement of his accounts as paymaster for the preceding account . . . . .  91.33    Balance due Lieut. C. Emery to be certified on interest from the 4 th March 1783 . . . . .  254.33    Dollars . . . . .  345.66  
War Department Accountants Office Nov 7 th 1792 Ex d V erified Joseph Howell Acc t
Department Auditing Office 14 th Oct: 1848
that the above is a true copy here
Daniel Brennan Requested

Dr Lieut: Ephraim Emery paymaster to the late 1783 Sept: To cash received of John Pierce late paymaster Genl: for pay of said Regiment for the months of January, Feby, March, & April 1783 . . . . . $19,829.30
Sols: 19,829.30
To balance carried to account of Stoppages $91.30
The Auditor of the Treasury

6 th Regiment Massachusetts
6 th
By Cash paid the officers, Non Commissioned Officers and privates of said Regiment, their pay for the months January, February, March & April 1783 per Vouchers & Receipt Books A & B. see Receipt Book B. 19.738
By balance viz,
Due the following named men, absentees for which vouchers of payment does not appear
  L Infy Comp Joel Northrup for Feby. & Mar: 13.30   1 st Comp Daniel Bell Feby 6.60   3 rd do Moses Chandler do 7.30   " " David Crane " " " 6.60   " " Gordon Walker " " " 6.60   Light Comp William Whiting March 6.60   1 st do James Wells do 6.60   L t Comp Gustavus Aldrich April 6.60   Thomas Tillan do 6.60 67 30 
By forfeitures by desertion viz
  1 st Comp Moses Charles Feby & March 13.30   5 th do Samuel Bailey March 6.60 20 
By this sum overdrawn 4  91.30 Still. 19.829.30
War Department accountants office Nov 7 th 1792
Ex d & Stated
Joseph Howell acc t

Commonwealth of Massachusetts.
COUNTY OF ESSEX, ss. PROBATE OFFICE.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that
the honorable Daniel A. White, before whom the declaration hereto annexed of Mary Emery purports to have been taken, is the judge of probate for said county; and that his name, sub- scribed to the certificate thereon, is his genuine signature; and that William Urown esquire, before whom the several affidavits of David Emery and Porter Russell hereto an- nexed purport to have been taken, is a justice of the peace for said county, and his name, subscribed to the certificate thereon, is his genuine signature; and William S. Balch esquire, before whom the affidavit hereto annexed of Daniel B. Stickney purports to have been taken, is a justice of the peace thereon, is his genuine signature. as attested by the records in said office.
Given under my hand and seal of office, this third day of September, A. D. 1838.
Nath. Lord Jr.

Commonwealth of Massachusetts.
County of Essex, ss. Probate Office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that Mary Emery, late of Newbury in said county, widow, deceased, intestate, was a revolutionary pensioner of the United States; that she was the widow of Ephraim Emery, a revolutionary soldier, deceased; that she lived as the widow of said Ephraim Emery until her decease, which took place on the thirtieth day of March, A. D. 1843; and that she left three children, and no more, viz. Mary Remick, of Newbury aforesaid, widow, Hannah Emery, of Haverhill in said county, singlewoman, and John Emery, of Newbury — aforesaid; and that they all are still living, and each of them is of full age;
as appears by the records in said office.
Given under my hand and seal of office, this second day of July, A. D. 1844.
Nath. Lord Jr.

Commonwealth of Massachusetts.
Secretary's Office, Boston January 5 th 1870.
I hereby Certify, That at the date of the annexed attestation Horatio G. F. Corlis was a Justice of the Peace for the County of Middlesex, Nathaniel Lord Jr was Register of the Court of Probate and James Grayson was a Justice of the Peace for the County of Essex,
in the said Commonwealth, duly commissioned and constituted; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Gaylord, Secretary of the Commonwealth.

State of Massachusetts } County of Essex } 55.
On this thirtieth day of December, A. D. 1846, personally appeared before me, James Gregory, one of the Justices of the Peace in and for said County, Mary Remick , a resident of Newbury, in the said County of Essex, aged nearly fifty-nine years, who being first duly sworn according to law, doth on her oath testify and declare - that she is a daughter of Mary Emery , widow of Ephraim Emery late of said Newbury, deceased; that her late father, said Ephraim Emery , served - according to the best of her knowledge and belief - in the sixth and thirteenth Regiments of the Massachusetts Continental Line, during the whole of the Revolutionary War, - first as Ensign, then as Lieutenant, and in the course of the years 1781, '82 and '83, at different times in the different grades of Adjutant and Paymaster - in which latter capacity and grade he served - as she has reason to believe - for the whole of the two last years of the War and to the close thereof: that the fact of his having so served as Adjutant and Paymaster, she has ascertained by common report and various memoranda and writings found among his papers, and in particular from a statement of the late Capt. Stoddard, of the United States Army, - made more than forty years ago - which is hereto annexed.
She further declares - that her said late father was pensioned under the Act of March 18th, 1818, as a Lieutenant, only, - that law allowing the same rate of pay for that grade as for that of any higher grade, and he -

- continued to draw his said Pension, at the rate of two hundred and forty dollars per annum, until his decease, which happened on the twenty-ninth day of September, A. D. 1872.
She further declares that her said mother was afterwards Pensioned under the law of July 7 th , 1838, for the Revolutionary Services of her said father as a Lieutenant, only, and at the rate of three hundred and twenty dollars per annum - and died on the thirtieth day of March, A. D. 1843, still a widow, and without having intermarried after the decease of her husband, Ephraim Emery, aforesaid.
She further declares that she makes this declaration with the view of claiming for herself and the other children of her said mother - named on the Certificate of the Probate Court hereto annexed - the difference between the pay which she received and that which she died entitled to as the widow of an Adjutant and Paymaster, as aforesaid - by and through the provisions of said law of July 7 th , 1838, and also the Act of March 3 d 1843, - which latter Act passed only 27 days before her decease.
She further declares - that the Revolutionary Record of the services of her said father, in the Office of the Hon. Secretary of the Commonwealth of Massachusetts, are deficient for the last three years of the War (the Secretary's Certificate annexed extending to the close of the year 1780, only,) and she therefore begs to refer to the Records of the Continental Forces of the Army for the said last three years of the War understood to be in the State and War Departments, Washington, and the affirmed statement of said Cpt. Stevens in proof of the services of her said father as

— Adjutant and Paymaster aforesaid , — not knowing of any living witness whose testimony she can procure in the premises.
Witnessed by Hannah E. Remick.
Mary Remick
Sworn to and subscribed the day and year first above written before me —
James Gregory
Justice of the Peace.
of the val

Ephraim Emory
Submitted to the Compt General directs the allowance for two years as Seal & Adm to be made -
Ephraim Emory states in his declaration that he was appointed Admiral in 1781, and afterwards Army Paymaster in which capacity he served to the conclusion of the War. He was commissioned as lieutenant in 1779
Capt Stoddard states the Army Served as Seal, Adm and Paymaster from 1781 to the close of the War -
The Washington Papers show that he was a Seal and Adm. and also a paymaster from April 1783 - and was allowed a sum of money to be paid at 29 m

Commonwealth of Massachusetts.
Secretary's Office, Boston;
Feb. 27. 1846.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Ephraim Emery of Newbury is borne upon an Account in Army Books as a Sergeant in St Colons' company, late Col Wigglesworth's regt, and there credited by his service, from March 1. 1777 to January 1. 1778, 10 Months, at 48/ per Month. — It is noted in said account, as follows: — "Promoted to Ensign, January 1. 1778." — Upon another account in same, as Lieutenant in Col Smith's regt, and there credited by his service, from January 1. 1778 to December 31. 1779, 12 Months — 3 Months & 10 days, at £6 per Month, and 8 months & 20 days, at £8 per Month. — Upon another account in same, as Lieutenant in Col Smith's regt and there credited by his service, from January 1 to December 31 1780. 12 months

at £8 per Month. No evidence of his having served in the capacity of Paymaster, or Adjutant.
And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said appli= cation, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Sawyer,
Secretary of the Commonwealth.

Daughter of the APPLICATION FOR CERTIFICATE OF REVOLUTIONARY SERVICES, MADE BY THE WIDOW OF THE PARTY WHO RENDERED THE SERVICE.
State of Massachusetts, County of Essex Town of Newbury.
The Secretary of the Commonwealth of Massachusetts is hereby requested to furnish evidence from the Rolls in his office, of my husband's  late father, Ephraim Emery's service in the war of the Revolution.
He enlisted from  was appointed an Ensign while a resident of the town of Newbury — in the County of Essex and State of Massachusetts in the year 1777 and entered the service as an Ensign of the Company commanded by Captain in Thirteenth Regiment of the Continental Line  Massachusetts and he served as follows,* viz:— for about two years in his said capacity of Ensign , when he was promoted to the rank of Lieutenant and served as such until the year 1780, on 1781, when he was appointed Adjutant of his Regiment and afterwards Paymaster , — in which latter capacity he continued to serve throughout the whole of the remainder of the War and until the Army was Disbanded.
And your requestant would further represent to you Hon. — that her said late father Ephraim
*Here describe as fully as may be, the length of service, the rank &c. of the soldier, or the capacity in which he served, and all other particulars known.

— (sometimes written Ephraim ) Emery, was a Pensioner under the law of March 18th, 1818, for part of the aforescribed service and died on the 27th of September, A. D. 1827; that her late mother, Mary Emery, was afterwards Pensioned for part of said service, and that the object of this application is to obtain such further proof of the services of her said late father as may enable her to claim the benefit of the arrears of any increase of pension which her said mother may have died entitled to, but never received.
And for this purpose I do hereby appoint James Gregory, of Marblehead, to act as my Attorney in the premises,
I am now fifty eighty years old, and my memory does not enable me to state my husband's  late father's services more fully than above stated.
WITNESS my hand, this fifth day of July  September A. D. 1845.
Signed by said Mary Remick in my presence, Horatio G. F. Corliss JUSTICE OF THE PEACE. } Mary Remick

Newburyport, July 8 th 1844. J. L. Edwards, Esq. Commissioner of Pensions, Dear Sir,
I enclose herewith an Application from the heirs of Mary Emery, for so much of the pension under the Act of 3 rd March 1843, as she was entitled to - If the application is found to be in proper form, & the facts properly sub- stantiated, will you have the kindness to send me a certificate for the same
Very Resp y
Yr Ob t Serv t
J. P. Fotheringham -

Marblehead, June 29th. 1847.
Honored Sir:
At the request of Mrs. Mary Remick, one of the three children of Mary Emery, Revolutionary Pensioner, deceased, I desire very respectfully to submit an enquiry to your Honor, relative to the distribution of the arrears of Pension allowed to the heirs of said Mary Emery, in the Certificates issued by the Hon. Department on the first day of June, instant.
I have always understood that arrears of Pension have always been paid to the children of the Pensioner, under any and all circumstances, (except in the case of a male Pensioner leaving a widow,) and that no Will or Testament could control, or affect or vary such payment; but reports have gotten abroad to the effect that more recent decisions have sometimes allowed the payment of arrears to be made in conformity with the Last Will of Pensioners - the same as any other personal property - and to one child only - to the exclusion of others, where others may be living.
And -

And although I have informed Mrs. Remick that there has been no variation of the rule of paying in Distributing arrears, equally , to all the children, in such a case as the premises to my knowledge, present, yet she and her friends would much prefer a line from your Honor in order to fully satisfy them as to how the law and usages of the Department now stand in this behalf.
It is but just to Mrs. Remick to observe that she maintained and provided for both of her Parents for many years before their respective deaths - saving the help of part of their Pension Money, - and it is understood that (throwing aside the provisions of her late mother's Will) she would bear in equity a just claim against her mother's estate to the extent of even more than the amount of arrears allowed.
The Pension Certificates, however, make the arrears payable equally to all the children, - and this too in conformity with the Terms of the Declaration - though Mrs. R. and her friends believe that the Hon. Department might vary these on proof of the provisions of the Will. And although I do not coincide with them, yet, to satisfy all parties, I have felt that you would not under these circumstances deem the enquiry obtuse.
I have therefore procured a certified copy of the Will of -

— Mrs. Remick's Mother, and have the Honor to enclose it herewith; and you will much oblige the parties interested if you will inform them through the writer of this —
First. Whether this Will could or can control the payment of the arrears due, so far as to allow the whole amount due to be paid to Mrs. Remick, to the exclusion of the other children? under the Certificate issued?
Second. If a certified copy of the Will had accompanied the Declaration and the Declaration had been made in conformity to the provisions of the Will, (claiming all for herself alone,) could the Hon. Department have allowed the claim — to the exclusion of the other children — and agreeably to any Rules or Regulations now or then in force?
I have the Honor to be, with great respect, Your Honor's humble servt.
James Gregory
James L. Edwards Esq. Commission of Pensions, Washington, D.C.

Increase
Mary Emory acd widow of Ephraim
Mass
act 7 July 1838
Adm d 2 years Senior adoption and Paymaster
$476 00 per annum
from 4 March 1836 to 4 th March 1841. Payable to Mary Remick Hannah Emory and John Emory her only surviving children. deducting what has been paid at the rate of $320 00 per annum.
Adm d act 3 March 1843
$476 00 per annum
from 4 th to 30 March 1843 the day of her death. Payable to children after deducting what has been paid at $320 00 per annum
James Gregory Murrelltown Mass

Washington Oct 16. 1848
Sir,
In reply to your request, the Secretary of State will refer to you, (by the same mail as this) in the case Ephraim Binney, showing he was returned as paymaster of the 6 th Massachusetts Regiment on the 26 April 1783 .
I now submit further evidence showing that funds were advanced to him Sept r 1783 for the payment to said 6 Reg t for the months of Jan y Feb and April 1783. An allowance is, heretofore, claimed to an widow of his late widow Mary Binney per. = Men ad 1838 from 1 Jan y to the 4 Oct r 1783. The time to which it is shown he was paid up to. for his services as paymaster .? under the evidence filed in the case.
I remain Your most respectf l Serv t . N. V. V.
Note:
As this claim has been long standing I suppose to hope, it will be you in me with attention
James L. Edmonds Esq. Comm r of Pension.

Home of Representatives Aug 5. 1848
J. L. Edmonds Esq Commissioner of Pensions Sir
I send herewith Enclosed additional evidence in the case of Ephraim Elney a paymaster in the 6 th Mass Reg t to the 4 th Nov 1783. He also served a year on the Beverly wire there as a friend up to the same time. The widow is now under the Act of the 4 th July 1838, Massachusetts Roll. The evidence is presented to claim an increase of the rate of pension already granted.
Very respectfully Your obt Servt Julius Rockwell
1333 650 19193

Newburyport, September 1 st 1838.
J. G. Edwards Esquire Commissioner of Pensions
Sir
At the request of Mrs Mary Emery, widow of the late Ephraim Emery, deceased, who was late a revolutionary pensioner of the United States, under the Act of March 18 th 1818 - I ask leave in her behalf to forward you herin, her application for the benefit of the late Act of Congress of July 7 th 1838, and if considered satisfactory, to your department. She respectfully requests that Certificate may be issued to her, in such amount, as you shall deem her entitled to receive under that Act. She believes his services to have been the whole war, and at one time under higher rank than Lieutenant.
with great respect
M rs Mary Emery W. W. Grant

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States, of the 4 th of March 1843, Mary Emery, deceased, widow of Ephraim Emery, late of Massachusetts, who was a Lieutenant in the Revolution, was entitled to a pension at the rate of Three Hundred and Twenty Dollars per annum; and having died on the 30 th of March 1843, the amount due from the 4 th of March 1843 to the time of her death is payable to Mary Remick, Hannah Emery, and John Emery, only surviving children of said Mary Emery, deceased.
Given at the War Office of the United States, this 22 nd — day of July one thousand eight hundred and forty-four.
Secretary of War.
Examined and Countersigned. }
Commissioner of Pensions.

Commonwealth of Massachusetts.
County of Essex, ss. Probate Office.
I Nathaniel Lord junior, register of probate for said county, hereby certify, that
Mary Emery, late of Newbury in said county, widow, deceased, testate, was a revolutionary pensioner of the United States; that she was the widow of Ephraim Emery, a revolutionary soldier, deceased; that she lived as the widow of said Ephraim Emery until her decease, which took place on the thirtieth day of March, A.D. 1843; and that she left three children, and no more, viz. Mary Remick, of Newbury aforesaid, widow, Hannah Emery, of Ha- verhill in said county, singlewoman, and John Emery, of Newbury aforesaid; and that they all are still living, and each of them is of full age; — " —
as appears by the records in said office.
Given under my hand and seal of office, this second day of July, A. D. 1844.
Nath l Lord Jr.

Fort Constitution
Dorchester Harbor 25 th Aug. 1802
Sir,
Ephraim Emery Esq. of Newbury, wishes to obtain the appointment of a Lieut. in the corps of Artillerists; He has requested of me a Line to you on the subject; and altho' my station is so subordinate as to dictate silence - yet the polite manner of this request precludes all refusals on my part.
His merits, in some measure, may be determined by his public services:
In the year 1777, while a mere youth, he entered the 13. th Mass. ts Reg. t , as an Ensign; and in 1778, he was promoted to a Lieutenant; in 1780, he was appointed Adjutant of the 6 th Massachusetts Reg. t ; of which he was , in the following year, he was appointed Quartermaster - which office he held till the dissolution of the Army. In 1799, he was appointed the senior Captain in the 14. th Reg. t of the United States Infantry - which was disbanded in 1800. In addition to these appointments, he has successively been a Capt. and a Brigade Major and Inspector of the Militia in the County of Essex, during

most of the time since 1794- in both of which capacities, he acquired the confidence & esteem of his Brigade.
He is very sensible, that the office he now solicts is much below his just pretensions - but as he despairs of a better one, and as he has been very unfortunate in some uncom- tile transactions, he is disposed to sacrifice his personal feelings to the higher claims of a small family, and the gratification of his passion for a Military life.
Permit me to add, that I have known him as an Officer, and that his conduct in this capacity was always follow by the approbation of his superiors, and by the esteem of his equals. He is a man of very steady habits; and were knowledge the only criterion of merit, he would de- serve an appointment in the field staff of the Army.
I am, Sir, with sentiments
Amos Steddord Capt. Commanding
Major Genl. Dearborn Secretary of War

Mary Emery dec d act '43 — at the rate of 7 $ 320 per ann s
Payable up to 30. th March 1843, when she died, to her only surviving children Mary Remick, Han- nah Emery and John Emery, — at Boston Agency S
Send cut: to J. P. Frothingham Newburyport Mass

Mary Emory, Widow of Ephraim S Map. acts 38 & 43 at $320 00
To what time was she last paid?
Pension Office May 27 1847
Gl. A Died 30 th March  30 th March 1843. Paid to her death under 1843 - also full 5 years under 1838 ————— Blk B

Marblehead, January 8 th . 1847.
Honored Sir:
I have the Honor at the request of Mrs. Mary Remick, of Newbury, in this County, to forward to the Pension Office, herewith, the Declaration of Mrs. Remick, made with the view of claiming for herself and the other children of her late mother, Mary Emery, (who was a Pensioner under the laws of July 7 th , 1838, and March 3 rd 1843,) widow of Ephraim Emery, whatever additional allowance her said mother may have died entitled to, between the rate of pay allowed her for the Revolutionary Services of her said husband, Ephraim Emery, as a Lieutenant, only, and his services as Adjutant and Paymaster, — in which latter named grades he is alleged to have served, at different times, throughout the whole of the three last years of the War.
Mrs. Remick refers to a letter of Capt. Stoddard — annexed to her Declaration — as stating — substantially — the fact of her said father's services in the two latter named grades. She does not, however, rely on Capt. Stoddard's letter alone —

— for the fact of the services of her said father in the said grades of Adjutant and Paymaster. His name is borne on the published proceedings of the Cincinnati Society (of which he was a member) as Paymaster at the time of the Disbandment of the Army, in 1783; and as the Service Certificate of the Hon. Secretary of this Commonwealth, annexed to her Declaration, does not extend down to the three last years of the War, (the Army Books or records of the Massachusetts Continental Line of the Army not being deficient for the last three years of the War — so far as the Archives in Boston show,) she therefore begs to refer to the Army Records of the State and War Departments, Washington, for a corroboration of his alleged services.
And as the Department is undoubtedly governed by the desire of doing simple justice, only, — under the laws — between claimants and the Government, it is not doubted that the children of Mrs. Emery will be allowed whatever those records may show as justly due them in the premises.
I am, with very great respect, Your Honor's humble servt. James Gregory
James L. Edwards Esq Commissioner of Pensions, Washington, D.C.

Increase Mary Emery dec wid of Ephraim Map act 7 May 1838
Adm d  523.73 4 mo 18 days Seme Pay m $107.30 19 " 12 " Seme Pay m 384.70 492.00
From 4 March 1836 to 4 March 1841 Payable to Mary Emery Hannah Emery and John Emery, only surviving children, of Mary Emery dec. deducting what husband paid at the rate of $476 per share time
Adm d , act 3 March 43. $492 03 per share
From 4 to 30 March 1843 the pay of my daughter Payable to John & Hannah Emery deducting what husband paid at $476 per share
Stearns Presid

Let. to James Gregory July 10 '47
Let. to Hon. J. R. Russell August 15 '48
Let. to Alex. Ray Oct 21 '48
(5877) Massachusetts.
Mary Emery, dec. widow of Ephraim Emery who was a Lieut. Adj't Genl. M. in the Mass. Line
Husb. died Nov. 29. 1842.
Inscribed on the Roll at the rate of 486 Dollars
Cents per annum, to commence on the 4th day of March, 1843, ending 30 th March 1843, when she died.
Certificate of Pension issued the first day of June 1847. and sent to
James Gregory Marblehead Mass.
[Acts of March 3, 1843, and June 17, 1844.]
Recorded in Book A Vol. 2. Page 28.

Massachusetts 5877
Mary Emery, dec. widow of Ephraim Emery who was a Lieutenant
in the Revolution
Payable to Mary Pennick, Hannah Emery & John Emery, her only surviving children
Inscribed on the Roll at the rate of 320 Dollars —
Cents per annum, to commence on the 4th day of March, 1843. & end 30 th March 1843 when she died
Certificate of Pension issued the 22. day of July 1844 and sent to J. P. Frothingham Newburyport, Mass.
[Act of March 3, 1843.]
Recorded in Book A.
Vol. 1, Page 41.
Rep. Set. to Secy. of State July 19, '47

Increase
1174
Nachhine
Mary Emery, Sec.?
Widow of Ephraim Emery who was a pensioner under the Act of and who died on the 29th Nov. 1829. of Essex (in the State of Massachusetts ) who was a St. P. Master in the commanded by Captain James M c Intosh of the Regt commanded by Col. John D. Sleeper in the Revolutionary War time for 4. 18 84 L. & P. M. 19. 12 " St. & Adj.
Inscribed on the Roll of Boston at the rate of 492 Dollars 03 Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 19 th day of D. 1868 and sent to Alex. Ray Present Total amount, $
Report Payable to William Emery & John Emery only children surviving.
[Act July 7, 1838.]
Recorded by T. L. Lumpkin Clerk, Book D Vol. 1. Page 57.
Inver. from Glasgow. Do not all small bay mts

1174
Massachusetts
Mary Emery widow of Ephraim Emery
who was a pensioner under the Act of 1818 and who died on the 29th November 1827 of Essex Co in the State of MS. who was a Lieutenant in the Company commanded by Captain _____ of the Regt. commanded by Col. Mugglesmuth the MS line for 4 years
Inscribed on the Roll of Massa at the rate of 320 Dollars — Cents per annum. to commence on the 4th day of March, 1838
Certificate of Pension issued the 24 th day of Nov. 1838 and sent Wm Wart Newburyport MS.
Arrears to the 4th of Sept 1838 $800.00 Semi-annual allowance ending Mar 4:39, 160.00 $960.00
{ Act July 7, } 1838. }
Recorded by M. Addison Clerk, Book A Vol. 1st Page 85

Rep o .
1174.
Massachusetts
Mary Emery, dec d .
Widow of Ephraim Emery who was a pensioner under the Act of 1838 and who died on the 29 th Nov r . 1827 of Essex Co. in the State of Mass. who was a St. Adj. P o in the Comp y . commanded by Captain _____ of the Reg t . commanded by Col l Higgensworth in the Mass s line for 2 years
Inscribed on the Roll of Boston at the rate of 476 Dollars Cents per annum, to commence on the 4 th day of March, 1836. She died 30 th March '43.
Certificate of Pension issued the 1 st day of June 1847 and sent to James Gregory, Marblehead, Mass.
Total amount, Inc d from $ 320. [Act July 7, 1838.]
Recorded by D. H. Wood Clerk, Book D. Vol. 1. Page 57.